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vouchers for the same, and of the unexpended moneys remaining in their hands; and the auditor or state treasurer shall, from time to time, as requested by the president of said commissioners, furnish him with a statement of the amount of moneys in the treasury which may be used in the construction of said improvements.

may

subscribe to

§ 23. The towns, cities and counties along the line of Counties the said improvements or contiguous thereto, or either stock in canal. of them, may, whenever any improvements, contiguous thereto are commenced, and they are hereby authorized and empowered, by the board of supervisors in counties adopting the township organization, and by the county court in other counties, to subscribe or contribute sums of money in aid of the construction of such improvements, which subscription shall be a lien upon the revenues of the improvement upon which such money is expended, after the payment of the debts contracted in the construction thereof: Provided, that if a subscription is made in any county it shall be submitted to the people of such county for ratification, at the next regular election, and be by them ratified by a majority of persons voting for or against such subscription; and in case any town, city or county shall subscribe any amount in aid of the construction of such improvements as authorized by the twenty-third section of this act, such town, city or county is hereby authorized to issue bonds for the amount of such subscription, such bonds to bear interest at a rate not exceeding ten per cent., and to be of such amounts, and payable, both principal and interest, at such times and places as the corporate authority of such town, city or county shall direct. 24. Whenever any county, city or town shall, by its Subscriptions vote or by its officers, make any subscription or donation in by cities and aid of any of the proposed improvements, the money so raised or granted shall not be used upon any other improvement than the one in which they are immediately interested, or which they may designate.

$25. All subscriptions, donations or other moneys contributed or subscribed, under section 23 of this act, and the proceeds of all bonds issued and sold in aid of such improve ments, shall, in like manner, be paid into the treasury, and shall be and are hereby appropriated for the construction of the improvements herein named, subject to payment, upon contracts for works in aid of which such money was raised.

towns-how to be expended.

Proceeds 'of

bonds to be expended on the

work.

Board of public

26. The board of public works of the city of Chicago works, Chicashall annually report to the board of canal commissioners go, to report. hereby created all the facts concerning canal improvements under their charge; and the board of said commissioners herein and hereby created, shall submit a full written or printed report to the governor of the state of Illinois, at least one month before each regular session of the general

Misdemeanor.

Felony.

Water powers not to be sold, but leased.

assembly; which report shall be by him submitted to the general assembly.

§ 27. Any person or persons who shall wantonly or maliciously interfere with any of the persons employed in the construction of the works herein provided for shall be deemed guilty of a misdemeanor, and, upon conviction thereof before any justice of [the] peace or other officer, shall be fined not less than five dollars, nor more than five hundred dollars, to be collected as fines in other cases.

§ 28. Any person or persons who shall break down, destroy, attempt to destroy, cut through any embankment, or maliciously injure any of the works constructed, in the process of construction, or under the charge or control of said commissioners, shall be guilty of a felony, and, upon conviction thereof, shall be confined in the state penitentiary for a period not less than one nor more than ten

years.

§ 29. Whenever any water power shall be created in the construction of any of the improvements constructed, owned or controlled by the state, such water power, with those now owned or controlled by the state or canal trustees, shall not be sold, but shall be leased at a rate of six per centum per annum, on a valuation, to be appraised by the commissioners; and such appraisement shall be renewed every ten years, when such per centage shall be paid on such new valuation: Provided, that no lease shall be for a longer term than one hundred years, and that all such leases shall reserve the right to shut off or divert the water for repairs, enlargement or improvement of the works upon which such water power is dependent for its supply.

§ 30. This act shall be in force from and after its pas

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In force Feb. 27, AN ACT to define and punish the crime commonly called the "confidence

1867.

game."

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That every Punishment in person who shall obtain, or attempt to obtain from any tiary. other person or persons any money or property, by means or by the use of any false or bogus checks, or by any other

the

peniten

confi

means, instrument or device, commonly called the
dence game," shall be liable to indictment, and, on con-
viction, shall be punished by imprisonment in the state
penitentiary for any term not less than one year nor more
than ten years.

ment.

§ 2. In every indictment under this act it shall be Form of indictdeemed and held a sufficient description of the offense to charge that the accused did, on, etc., unlawfully and feloniously obtain or attempt to obtain (as the case may be) from A. B., (here insert the name or names of the person or persons defrauded or attempted to be defrauded) his, her or their money (or property, in case it be not money) his, her or their property, by means and by use of the confidence

game.

3. This act shall take effect and be in force from and after its passage.

APPROVED February 27, 1867.

AN ACT to amend the criminal code of this state in relation to the offense In force Feb.28, of abortion.

1807.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, If any per- Miscarriage. son shall, by means of any instrument or instruments, or any other means whatever, cause any pregnant woman to miscarry, or shall attempt to procure or produce such miscarriage, the person so offending shall be deemed guilty of a high misdemeanor, and, upon conviction thereof, shall be confined in the penitentiary for a period not less than two nor more than ten years.

§ 2. If any person shall, in the attempt to produce the miscarriage of a pregnant woman, thereby cause and produce the death of such woman, the person so offending shall be deemed guilty of murder, and shall be punished as the law requires for such offense.

§ 3. The provisions of this act shall not apply to any person who procures or attempts to produce the miscarriage of any pregnant woman for bona fide medical or surgical purposes.

§ 4. This act shall be in force from and after its passage.

APPROVED February 28, 1867.

In force March 5, 1867.

erty.

AN ACT in relation to the crime of Larceny.

SECTION 1. Be it enacted by the People of the State of Value of prop- Illinois, represented in the General Assemby, That in all cases of conviction for larceny in any of the courts of this state, no person shall be punished by confinement in the penitentiary, unless the property stolen shall be found by the jury to be of the value of twenty-five dollars; but in all cases where the value of the property stolen shall be found by the jury to be less than twenty-five dollars, the person convicted shall be punished by confinement in the county jail for any term not exceeding one year, and by a fine not exceeding one hundred dollars.

2. This act shall take effect and be in force from and after its passage, and shall apply to all cases then pending. APPROVED March 5, 1867.

In force March 5, 1867.

Jury to fix punishment.

AN ACT in relation to Capital Punishment.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That in all cases of felonies, which, by existing laws are punishable with death, it shall be competent for the jury empanneled, to return with their verdict of guilty, and as part of the same, either that the prisoner shall suffer death by hanging, as now provided by law, or that he be imprisoned in the penitentiary for the term of his natural life, or for a term of not less than fourteen years, as they may decide; and no person shall be sentenced to death by any court, unless the jury shall have so found in their verdict upon trial.

§ 2. This act shall be a public act, and take effect from and after its passage; and all acts and parts of acts conflicting with the provisions of this act are hereby repealed.

APPROVED March 5, 1867.

In force March AN ACT to authorize the coroner of Cook county to appoint deputies. 7, 1867.

One or more

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That it shall be the duty of the coroner of Cook county, and every corobe appointed. ner hereafter elected in said county, to appoint one or more deputies, who, as such deputies, are authorized to do, in the

deputies may

name of such coroner, all acts authorized by law to be done by such coroner. The appointment of deputies shall be made by the coroner in writing, and filed in the office of the clerk of Cook county; and each deputy, so appointed, shall execute a bond to the coroner, with sureties, to be Deputies to approved by the coroner, in the penal sum required in the give bonds. coroner's bond. The condition of the bond of the deputy coroner shall be for the faithful performance of his duties. Every bond, so executed, shall be good and available in law to enable the coroner to recover any damage that he may be compelled to pay by reason of any breach of the condition of such deputy's bond, together with the costs and expenses incurred in defending any suit for the de linquencies of such deputies and the judgment on any suit against the coroner for the illegal acts of a deputy, as such, shall be conclusive of the damage sustained in such case in a suit by the coroner against such deputy for a breach of the condition of said deputy's bond: Provided, such coroner shall give to such deputy notice to defend such suit instituted to recover damages for his illegal acts as such deputy.

82. This act shall be deemed a public act, and take effect from and after its passage.

APPROVED March 7, 1867.

DRAINAGE.

P

re

AN ACT to amend an act entitled "An act to facilitate the drainage of wet In force Feb'y

lands."

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the board of drainage commissioners authorized by an act, entitled "An act to facilitate the drainage of wet lands," approved February 16, 1865, shall, in addition to the power therein granted, have the same power and may take the same proceedings in their several counties as are authorized by an act appointing the drainage commissioners, approved February 15, 1855. In counties not adopting the township organization, the supervisors of roads shall be, ex-officio, drainage commissioners in their respective road districts; and this act and the powers herein granted shall apply to them.

2. In case any ditch or other work, authorized by the acts herein referred to, shall be required to run into, or

19, 1867.

Road supervi

sors ex-officio.

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